According to the Law on Mediation in Civil Disputes, the settlement agreements which are mediated and signed jointly by the parties are deemed as a document in nature of a verdict in Turkey. However, this was not valid for foreign commercial settlement agreements which were mediated outside Turkey. Likewise, the enforcement of settlement agreements mediated and signed in Turkey was not accepted by foreign courts.
Upon Turkey’s ratification of the United Nations Convention on International Settlement Agreements Resulting from Mediation (The Singapore Convention) on 25 February 2021 and enactment of the Law Regarding the Approval of the United Nations Convention on International Settlement Agreements Resulting from Mediation (The Law) numbered 7282, the Singapore Convention is expected to be in force by October 22, 2021 in Turkey.
With the Singapore Convention, the settlement agreements, which have been mediated by the conflicting parties and resolved commercial disputes of an international nature, will be enforceable in Turkey. The Singapore Convention enables the enforceability of the foreign commercial settlement agreements including the IP disputes in Turkey.
Being party to Singapore Convention will evidently value the settlements obtained through the WIPO ADR which offers an effective mediation with a rich specialized neutrals with deep IP expertise by providing the enforceability to such settlements.
Related: Mandatory Mediation In Ip Disputes